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Gauging The Reach Of Patent Law
Two corporate titans, Microsoft Corp. and AT&T, will do battle in the U.S. Supreme Court this month over the reach of domestic patent law beyond the borders of the United States. The provision at issue in the Microsoft-AT&T case is Section 271(f) of the patent statute. “As someone who has done patent litigation his entire career, I can say that up until four to five years ago, nobody used 271(f) because we thought it was very narrow,” said Eric Puknys of Finnegan Henderson. “But with the advent of software, most of the prominent cases have involved software.”

This article also appeared in the Recorder, Fulton County Daily Report, Broward Daily Business Review, Miami Daily Business Review, and Palm Beach Daily Business Review.

02-08-2007

Dorsey Partner Roy A. Ginsburg Selected 'Attorney of the Year'
Minnesota Lawyer has named Dorsey & Whitney partner Roy A. Ginsburg a 2006 “Attorney of the Year” for his lead defense work in winning dismissal of a complex civil action seeking $1.3 billion in damages. Among other claims, the plaintiff corporation alleged former employees usurped a corporate opportunity and misappropriated trade secrets when starting NuSpeed Inc. NuSpeed was acquired by Cisco Systems, Inc., for $450 million in 2000.

A five-year lawsuit culminated in an eight-week trial during 2006. Judge Bruce Peterson dismissed all of the plaintiff’s claims at the close of the plaintiff’s case-in-chief, rendering presentation of the defense case unnecessary.

Ginsburg, who joined Dorsey & Whitney upon graduating from the University of Virginia School of Law in 1980, practices in the area of commercial litigation, focusing on issues that affect the employment relationship. He handles claims relating to post-employment restrictive covenants, breach of contract, breach of fiduciary duty, corporate raiding and misappropriation of trade secrets. In addition, he defends individual, multi-party and class-wide claims involving allegations of age, race, sex and disability discrimination, sexual harassment, and various common law employment litigation theories.

Minnesota Lawyer presented the 2006 “Attorney of the Year” designation to 15 members of the bar who “stood out from the crowd and distinguished themselves during the last 12 months.” Nominations come from judges, lawyers, other members of the legal community, and law clients. The honor recognizes attorneys for a range of achievements, including procuring a successful result in an important case or business transaction, exercising leadership in the profession, and excellence in providing in-house services.

Among other 2006 client outcomes, Ginsburg led teams that obtained a temporary injunction denial against a new Minnesota insurance company and executives accused of breaching contracts and fiduciary obligations, and misappropriating trade secrets. (A decision affirmed by the Minnesota Court of Appeals.) He also obtained summary judgment victories in two cases where graduate students complained their dismissals were unwarranted; and obtained a summary judgment win in an agency termination case.

02-08-2007

Cozen O’Connor Attorneys Named to List of Top Lateral Hires
Four members in the Cozen O’Connor’s labor and employment practice group have been recognized as “2006 Top Lateral Hires” by The Legal Intelligencer and Pennsylvania Law Weekly. Mark J. Foley, Raymond A. Kresge, Andrew J. Rolfes, and George A. Voegele, Jr. joined the firm in June 2006 from Klett Rooney Lieber & Schorling. The “Top Lateral Hires” supplement highlights the most significant attorney moves of the previous year. In order to name the top attorney moves, the publications look at factors such as the reputation and profile of the attorney or group of attorneys making the move and the impact on the firms involved. This year, in addition to other changes in the process, the editorial board determined that lateral moves brought about by mergers would also be included. Foley, Kresge, Rolfes and Voegele joined Cozen O’Connor just before their former firm merged with another.

02-08-2007

Powers Speaks at Securities Webinar
Baker Hostetler co-hosted a webinar entitled, "Hedge Funds: Best Practices for Handling Government Investigations." New York partner Marc Powers, leader of Baker’s Securities and Regulatory Enforcement practice teams, spoke along with Paul Neale, Executive Vice President of DOAR Litigation Consulting and Jim Ashe, Forensic Accounting Partner at the accounting firm of Marcum & Kliegman. Both DOAR and M&K were co-sponsors of the event.

The webinar examined the current business environment characterized by aggressive regulatory enforcement, civil litigation and criminal prosecution involving allegations of corporate financial fraud by public companies and insider trading and misappropriation by hedge fund managers.

The panelists discussed the need for hedge funds in particular to understand financial reporting requirements, the regulatory process and the strategies for responding to the government. The following key points were discussed:

* Hedge fund valuation and reporting responsibilities
* Best Practices for Preserving and Maintaining Data
* What occurs during an SEC investigation—documents, testimony and decisions to prosecute
* Forensic Accounting
* Hot button issues for SEC enforcement

02-08-2007

Rick Barrett Speaks at Hospitality Law Conference
Rick Barrett was the Moderator for the Lodging Track at the 5th Annual Hospitality Law Conference, held at the Hilton Post Oak Hotel in Houston, Texas. Rick was the moderator for the following sessions: Doing Business in Mexico, the Caribbean & Beyond; Condo Hotels -- 3 Years Into the Concept; Dockominiums; Timeshare & Fractional Issues; Trends in Purchase and Sale Agreements; International Condo Conversions; Mixed-Use Developments: The Present & The Future; Hospitality Online: Protecting Your Valuable Keywords; and Management Contract Litigation Survey.

02-08-2007

Patricia E. Farrell Joins Firm
The Pittsburgh law firm of Meyer, Unkovic & Scott LLP is pleased to announce that Patricia E. Farrell has joined the firm. Farrell is a partner in the firm’s Real Estate & Lending and Corporate & Business Law Groups.

Farrell concentrates her practice primarily in complex commercial real estate development. She represents a broad spectrum of clients, dealing with transactional as well as financial and environmental matters. She is experienced in commercial and residential real estate development and leasing projects, including multi-tenant office building leasing and retail leasing representing both owners and tenants.

She received her Bachelor of Arts degree from Duquesne University. She earned her Juris Doctor degree cum laude from the Duquesne University School of Law, where she served as executive articles editor of the Duquesne Law Review.

Farrell is a member of the American Bar Association (Section of Corporation, Banking, and Business Law; Section of Environmental Law and Commercial Real Estate) and the Pennsylvania Bar Association and has been admitted to the United States District Court, Western District.

02-07-2007

Harford County Zoning Code and Comprehensive Zoning Timeline
Harford County Executive David Craig and County Council President Billy Boniface announced an aggressive timeline for the adoption of a new Zoning Code and new Comprehensive Zoning Maps. Also included in the Department of Planning & Zoning four year work program are preparation and adoption of a rewrite of the County’s Agricultural Preservation Program; a Preservation Priority Plan; Natural Resource Plan update; Transportation Plan update; and Historic Preservation Plan update.


The Department of Planning & Zoning is currently working on a complete rewrite of the 1982 Zoning Code and will release a draft to the public in July, 2007. The County Executive announced the plan to hire a facilitator to conduct public input sessions regarding the Zoning Code. The Zoning Code is scheduled to be adopted by the County Council in October, 2008.


The Agricultural Preservation Program (Purchase of Development Rights Program) will be introduced to the Harford County Council within the next few weeks. This will be the first major revision to the Agricultural Preservation Program since 1993.
The comprehensive rezoning process is scheduled to begin in July, 2008. Applications will be accepted during July and August of 2008. The applications will be reviewed between September, 2008 and July, 2009. The public review process will take place during the summer of 2009 and the Comprehensive Zoning Bill is scheduled to be introduced in August, 2009 and adopted by the County Council in the Fall of 2009.


Contact Michael Leaf if you have any questions concerning land use issues.

02-07-2007

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